ModeSens Terms of Use

Welcome to ModeSens. Site (the "Site"). These Terms of Use govern your use of the Site and its contents.
The terms “ModeSens” \"we,\" \"us\" and \"our\" refer to ModeSens, Inc. ModeSens, Inc.
owns and operates shopping networks, the Site including
https://modesens.com/, and any other linked and related pages, content,
features, products, software, video player, and tools offered by ModeSens (the “Services”).

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, THE MODESENS PRIVACY STATEMENT,
AND THE MODESENS COMMUNITY GUIDELINES AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND
TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

Registration

You shall register on this Site in order to use certain of the Site functions. If you just want to browse this Site, registration is optional.

During registration, you will be required to provide contact information including an email address, username and password.
You may select any username as you like, except that your username cannot be an impersonation of another person,
a term that is the same or confusingly similar to a famous trademark,or a term that is offensive in any way.
You may, but are not obligated to, use your own name. If you do use your own name,
you consent to it being passed to others by use of certain of the functions of ModeSens and the Site including our blogs.
ModeSens reserves the right to reject or remove any username.

For certain of our functions, such as the purchase of products and services, you are required to provide your name,
address and billing, and credit card information. You are required to provide accurate and complete information.

Age of Users

Children under the age of 13 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf.
If we become aware that a child under 13 has provided or attempted to provide us with personal information,
we will use our best efforts to remove the information permanently from our files.

By accessing the Services, you represent and warrant to ModeSens that:
(1) you are an individual (i.e., not a corporation) at least 13 years old;
(2) you are of legal age to form a binding contract or have your parent’s permission to do so;
(3) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information;
(4) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services;
(5) if you are under the age of 18 but at least 13 years of age, you uses this Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18,
be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

Non-Commercial Use

This Site and its contents are for your own personal non-commercial use only.

ModeSens Privacy Statement

Your use of this Site signifies your continuing consent to the ModeSens Privacy Statement, which you can examine any time by clicking on the \"Privacy\" link on the Site.

Personal information that you supply to ModeSens, and any information about your use of ModeSens that we obtain will be subject to the ModeSens Privacy Statement on this Site.

Changes to ModeSens

We may discontinue or change any ModeSens content, service, function or feature at any time with or without notice.

Proper Use of This Site

When you use our blogs or other social and communications functions, you agree at all times to comply with the ModeSens Community Guidelines,
which you may access with the Community Guidelines link on the Site.
You may use ModeSens for lawful purposes only and may use the Site only in ways consistent with the law.

You shall not use any program, spider or \"bot\" to gather or \"harvest\" information from this Site.

Proprietary Rights

All materials displayed or performed on the Services, or which may be made available for you are protected by copyright.
These materials include text, blogs, graphics, articles, photographs, images, illustrations video, User Submissions, etc.
You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the Services,
and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise
exploit for any purposes whatsoever any Content or other proprietary rights not owned by you,
(1) without the express prior written consent of the respective owners, and
(2) in any way that violates any third party right.

The Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions,
and other intellectual property laws. You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce
(except as expressly provided in these Terms of Use), create derivative works based on, distribute, perform, display, or in any way exploit,
any of content, software, materials, or the Services in whole or in part.

Changes to these Terms of Use

We may change these Terms of Use at any time. You can review the most current version of these Terms of Use by clicking on the Site's \"Terms of Use\" link.
If you continue to use this Site after we make changes to these Terms of Use, you are signifying your acceptance of the new terms.
You are responsible for checking these terms periodically for any changes.

Electronic Delivery Statement and Your Consent

When you use our Services, or send emails to us, you are communicating with us electronically.
By accessing the Service, you agree that we may communicate with you electronically.
Such electronic communications may include e-mail, notices posted on our Services, \"push\" mobile notification, and other communications.
You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement
that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or changes to these Terms of Use.

Content That You Supply

ModeSens may allow you to supply content for the Site or its functions that can be accessed and viewed by others.
You agree not to post any content that violates these terms, any applicable EULA or the Community Guidelines.
Content that violates applicable rules may be removed.

If you post any content on any blog or other public area of the Site, you grant us and our affiliate companies the perpetual
sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote
this content in any way and in any commercial or non-commercial medium or form without charge.

No Duty to Monitor

You agree that we are not liable for content that is provided by others.
We have no duty to screen content that you may supply or post,but we have the right to refuse to post or to edit submitted content.
We reserve the right to remove any content for any reason at any time.

Third Party Sites and Advertisers

ModeSens may include on the Site links to third party web sites.
You agree that we are not responsible or liable for any content or other materials on third party sites.
You also agree that we are not responsible for content or claims supplied by our advertisers.
We are also not responsible for any transactions or dealings between you and any third party or any advertiser.
You agree that ModeSens is not responsible for any claim or loss due to a third party site or any advertiser.

Disclaimer of Warranties

We provide this Site and its contents \"as is.\" We and our suppliers make no express warranties or guarantees about this Site.
To the extent permitted by law, we and our suppliers disclaim implied warranties including any warranty that the site is or will be merchantable,
of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.
We do not guarantee that this site or its content will meet your requirements, is error-free, reliable, or will operate without interruption.
Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

Limitation of Liability

You may not assert claims for money damages arising from this Site or its contents.
We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages,
even if we knew or should have known of the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential
or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers,
shall be limited to the extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies,
and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses,
including attorney's fees, that arise from your use or misuse of this Site.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

International Use

We make no representation that content on this Site is appropriate or available for use in locations outside the United States.
If you choose to access this Site from a location outside the US, you do so on your own initiative and
you are responsible for compliance with local laws.

Choice of Law and Location for Resolving Disputes

You agree that the laws of the state of Washington, USA and US federal law govern these terms of use,
its subject matter, your use of the Site, and any claim or dispute that you may have against us,
without regard to its conflict of laws rules, and that the United Nations Convention
on Contracts for the International Sale of Goods shall have no applicability.

You further agree that any disputes or claims that you may have against us will be resolved
by a court located in the state of Washington, USA in the County of King, and you agree and
submit to the exercise of personal jurisdiction of such courts for the purpose of litigating
any such claim or action. By agreeing to these terms of use, you are:
(1) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own;
(2) irrevocably consenting to the exclusive jurisdiction of, and venue in,
the state or federal courts in the state of Washington over any disputes or claims you have with us; and
(3) submitting yourself to the personal jurisdiction of such courts for the purpose of resolving any such disputes or claims.

Severability and Integration

This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement
between you and us and supersede all previous written or oral agreements.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent
with applicable law to reflect, as nearly as possible, the original intentions of the parties,
and the remaining portions shall remain in full force and effect.

Termination

We reserve the right to terminate your use of this Site if you violate these Terms of Use
or any rules or guidelines posted on the Site or for any other reason in our discretion.

Reporting Claims of Copyright Infringement

ModeSens respects the intellectual property of others and takes claims of copyright infringement seriously. ModeSens will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any material (including photographs and digital images) located on or available through the site infringes your copyright or is the subject of infringing activity, you may request that ModeSens remove or disable access to such material by submitting written notification to the copyright agent ModeSens has designated with the United States Copyright Office (“Copyright Agent”) at the following address:

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notification must include substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If your written notification fails to substantially comply in supplying the information required under the DMCA, your written notification may be ineffective. Our Copyright Agent will promptly attempt to contact you or take other reasonable steps to assist in the receipt of notification that substantially complies.

Please be aware that if you knowingly materially misrepresent that material or activity on the site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

If you believe that material on the site was removed or access to it was disabled by mistake or misidentification, you may request that ModeSens replace the removed material and cease disabling access to it by submitting a written counter notification to our Copyright Agent at the following address:

Pursuant to the DMCA, your written counter notification must include substantially the following:

Your physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Dallas County, State of Texas, if your address is outside of the United States), and that you will accept service of process from the person, or the person’s agent, who provided notification of the alleged copyright infringement.

Following receipt of your written counter notification by our Copyright Agent, ModeSens will promptly provide a copy of your written counter notification to the person, or the person’s agent, who provided notification of the alleged copyright infringement, and inform that person that ModeSens will replace the removed material and cease disabling access to it in ten (10) business days.

The DMCA allows ModeSens to replace the removed material and cease disabling access to it in ten (10) to fourteen (14) business days following receipt by our Copyright Agent of your written counter notification, unless our Copyright Agent first receives notice from the person, or the person’s agent, who provided notification of the alleged copyright infringement that said person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the site.

Please be aware that if you knowingly materially misrepresent that material or activity on the site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Promotion and Publicity

We may collect and store information about publicly accessible content on your website,
application or other content (such as your website name and website content).
Among other things, we may use this information to recommend certain Merchants
and for advertising and marketing related activities.

Others

When you begin using links, scripts, cookies and other technologies provided by ModeSens,
we will collect and store information about your users and readers.
We use this information for commission processing and data analysis, among other things

A world of fashion, powered by technology. ModeSens pulls from the racks of 11,000+ luxury brands, aggregating every product at the item level for a seamless, transparent and secure shopping experience